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DWI Acquittal.

By Marks & Katz, LLC

Last week, I won a drunk driving case in Virginia District Court. Here are some of the highlights of our victory:  - My client's Intoximeter EC/IR (breathalyzer) reading was 0.08.- The prosecutor presented the testimony of the cop, the breath technician, and the Virginia Department of Forensic Sciences person who certified the Intoximeter.- We presented the testimony of our own Intoximeter EC/IR expert, who testified that: -- The Intoximeter should have been recalibrated after the gas was replaced in the machine, but there was no recalibration. -- The Intoximeter does not make room for mouth temperature variations. The Intoximeter assumes 34 celsius mouth temperature. Higher mouth temperature will deliver a false high result on the Intoximeter...continue to full post

Full post as published by Underdog on November 24, 2009 (boomark / email).